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sometimes has to be a tie-breaker. you say it isn't. well then we should not use race. >> i think it functions more sutly than that. >> it doesn't function more subtley in every case. according to appendix page 33 the district court found that race is indisputably a factor that can make a difference in the evaluation of a student's an indication. if it -- an indication -- application. the supposition has to be that race is a determining factor. unless it is a determining factor in some cases, they are using race when it doesn't serve the purpose at all. >> it can make a difference, it just does not always make a difference. >> you have to agree that it makes a difference in some cases. >> yes, it does. but it does not necessarily make a difference in the scenario. >> the same would be true of other plans that in some cases. the same would be true under grutter. the same would be true under the policies of the military academy. >> that is exactly right. the point is, it is not a mechanical factor. now with respect to the implementation, the university's implomentation of its compel
and i were good friends with mel and randy, and i know that all of us here want to extend our sympathy and condolences to jean and the family and to the sifford family. and i would just like to say that this debate in a way is a living tribute to mel carnahan because he loved the vigorous discussion of ideas in our democracy. he was a fantastic governor of missouri. this state became one of the top five in the nation for health care coverage for children under his leadership. one of the best in advancing all kinds of benefits for children to grow up healthy and strong. and of course, this debate also takes place at a time when the tragedy of the uss cole is on our minds and hearts and insofar as the memorial service is tomorrow, i would like to also extend sympathy to the families of those who have died and those who are still missing, and the injured. now, mr. hankins, i think that the situation that you describe has gotten completely out of hand. doctors are giving prescriptions, they're recommending treatments, and then their recommendations are being overruled by hmos and insurance
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